Excerpt: ...es stole her personal possessions. Previously, the Court sustained a demurrer to the causes of action for conversion and financial elder abuse, finding that theft by an individual employee does not convey liability against the employer under the doctrine of respondeat superior. The Court overruled the demurrer to the cause of action for negligence. Plaintiff alleged that Defendants failed to properly screen and investigate the aides they sent to ...

Excerpt: ...ned to work at Defendant but allegedly was terminated after contracting COVID-19. Plaintiff asserts the following causes of action: 1. Disability discrimination under FEHA 2. Disability harassment under FEHA 3. Retaliation under FEHA 4. Failure to provide reasonable accommodation under FEHA 5. Failure to engage in the interactive process under FEHA 6. Failure to prevent discrimination/harassment/retaliation under FEHA 7. Retaliation under Labor C...

Excerpt: ...eged documents. RPD #2 – Granted. Defendant's response is not code-compliant because it merely states that “no responsive documents exist.” Per Code of Civil Procedure section 2031.240, Defendant must specify whether documents “never existed” or whether they once existed and “ha[ve] been lost, misplaced, or stolen, or ha[ve] never been, or [are] no longer in the possession, custody, or control of the responding party.” Defendant als...

Excerpt: ...der by reference. Now, Plaintiff petitions for an order to compel Defendant to arbitrate this action before “any other arbitration forum other than AAA or a specific arbitrator and to promptly pay all arbitration fees as they become due.” Once the Court orders an arbitration and stays the case, “the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to a...

Excerpt: ...ence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, internal quotations and...

Excerpt: ...a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 8...

Excerpt: ... January 1, 2021, to the present. If a subpoena requires the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the Court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without s...

Excerpt: ..., 2018, and the operative second amended complaint was filed on August 4, 2020. Jewel Mehlman passed away on March 12, 2021. (Declaration of Joel Bander, ¶ 10.) Joel Bander, who was Jewel Mehlman's son-in-law and an attorney, opened probate proceedings in May 2021, serving as the trustee of her estate. (Id., ¶ 11.) Plaintiff filed a creditor's claim against the estate on June 21, 2021. (Id., ¶ 12 & Exh. J.) Bander rejected the claim on July 19...

Excerpt: ... owned, possessed, and/or controlled an adjacent property. Plaintiffs allege that the City had actual or constructive knowledge of a homeless encampment where the residents routinely started fires. Plaintiffs allege that on or about October 30, 2020, one of the fires spread and damaged their building. The City moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of ma...

Excerpt: ...ut did not pay the required fees. Now, Plaintiff moves to compel arbitration. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits,...

Excerpt: ... 5 and 12 to determine if any portion of RGN's Written Discovery is no longer necessary in light of COVAR's work.” (See Parties' Stipulation, dated September 13, 2022.) The Court granted the stipulation and order the parties to comply with its terms, including the meet-and-confer requirement. (See Court's Order, dated September 12, 2021.) Now, Plaintiff moves for discovery sanctions of $2,250 and monetary sanctions of $1,500 under Code of Civil...

Excerpt: ...epresentative and/or call center concerning the subject vehicle. 4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. 5. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present. 6. Any internal analysis, investigation, and/or communications regarding the sam...

Excerpt: ...d as a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Previously, both Lithia and Van Nuys-L moved to strike Plaintiff's prayer for punitive damages and related allegations. The Court denied the motion to strike with respect to Lithia. (See Court's Minute Order, dated October 19, 2022.) The Court granted the motion with respect to Van Nuys-L, finding: “[T]he complaint provides no clari...

Excerpt: ...existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. ...

Excerpt: ...xistence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. A...

Excerpt: .... At the hearing, Defendant requested a continuance to retain counsel. The Court granted the request and continued the hearing to January 4, 2023. Defendant retained counsel, who provided verified responses on December 20, 2023. Therefore, the Court denied the motion but ordered Defendant to pay sanctions, per Code of Civil Procedure section 2033.280(c). Now, Plaintiff seeks reconsideration of that decision. Plaintiff argues that “[t]he operati...

Excerpt: ... (“Defendant Kashani”), Romyan Nourafchan (“Defendant Nourafchan”), Mehdi Vosogh (“Defendant Vosogh”), and 9419 Mason Partners LLC (“9419 Mason Partners”) (collectively, “Defendants”). This action stems from Defendants' interest in using Original Balboa's license to operate multiple different cannabis businesses at that location. Plaintiffs allegedly leased industrial space from Mason Partners and Defendant Nourafchan (the “...

Excerpt: ...rassment 6. Intentional infliction of emotional distress (“IIED”) 7. Discrimination under federal law 8. Discrimination under the Unruh Civil Rights Act 9. Discrimination under FEHA Now, Defendant demurs to the second cause of action (breach of fiduciary duty) and the sixth cause of action (IIED). Defendant also moves to strike the prayer for punitive damages and related allegations. PLAINTIFFS' ALLEGATIONS Plaintiffs are spouses and own a re...

Excerpt: ...nder Code of Civil Procedure section 377.60. Plaintiff alleges that Neva Ladion, who was 94 years old, was a resident of a skilled nursing facility. (Complaint, ¶ 19.) Neva Ladion (“Decedent”) had a history of dementia, hypertension, bladder cancer, and end-stage renal failure, requiring hemodialysis treatment. (Ibid.) Neva Ladion developed an AV fistula on her left arm, and on March 10, 2020, she was found unresponsive with profuse bleeding...

Excerpt: ...cy, age discrimination under the Fair Employment and Housing Act (“FEHA”), racial discrimination under FEHA, and failure to prevent discrimination under FEHA. Plaintiff also seeks punitive damages. Defendants demur to the complaint and move to strike the prayer for punitive damages. Plaintiff does not clearly allege which of these entities is her immediate employer, though she suggests that she worked for SCPMG, which is located in Los Angele...

Excerpt: ... Similarly, Plaintiff alleges that Defendant deprived employees of reimbursement for business expenses by imposing a 90-days deadline to file a claim. Now, Defendant moves to uphold confidential designations of its compensation plan documents, which Plaintiff opposes. The motion is granted in part and denied in part. LEGAL STANDARD The parties stipulated to a protective order, which defines confidential materials as “any Documents, Testimony, o...

Excerpt: ...tory and injunctive relief Now, Defendant moves to strike the complaint under Code of Civil Procedure section 425.16, commonly known as the Anti-SLAPP statute, and moves for attorney's fees under the statute. Plaintiff opposes the motions. The Court previously granted Plaintiff certain discovery that was necessary to oppose the anti- SLAPP motion and authorized supplemental briefing. Now, the Court denies Defendant's motions. PLAINTIFF'S ALLEGATI...

Excerpt: ...motion is granted. FACTUAL BACKGROUND The City filed this action to acquire a permanent public easement to a portion of the Ainslies' property, which is located at 3165 Motor Avenue in Los Angeles, California. (Declaration of Michael M. Haddadin, ¶¶ 7, 9.) The City seeks to acquire this property in order to construct a continuous bike path from Exposition Park to Santa Monica. (Id., ¶ 5.) The City seeks a permanent public access easement over ...

Excerpt: ...“Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. Westlake Properties, Inc., et al., Case No. 22STCV16191. Previously, the Court found that the two cases are not related. Now, the Intervenors seek leave to file a complaint-in-intervention in the instant case. Plaintiffs filed the instant PAGA claim on behalf of themselves and other current or former employees based upon Defendants' alleged wa...

Excerpt: ...��a true and correct copy of what I am informed and believe is a Retail Installment Sale Contract (the ‘Sales Contract') relating to Plaintiff's purchase of the subject vehicle at issue in this action” and that “I am informed and believe that the Sales Contract (Exhibit 3) was executed and maintained in the regular course of business.” (Declaration of Nicholas S. Maugeri II, ¶¶ 4-5.) Plaintiff's counsel objected, arguing that the declar...